Santa Monica resident Marlon Siguenza joined plaintiff Daniel Kissick’s October fraud lawsuit against X (see 2311020028), said the first amended complaint (FAC) Friday (docket 23-610081) in San Francisco County Superior Court. The complaint alleges violations of California's Automatic Renewal Law (ARL) under its Business and Professional Code and its Consumer Legal Remedies Act.
Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.
2K Games and Take-Two Interactive Software seek dismissal of minor J.A.’s fraud complaint for its “novel argument” that the companies have refused to refund gamers, including children, for their unused in-game virtual currency (see 2311200063), said their motion Friday (docket 3:23-cv-05961) in U.S. District Court for Northern California in San Francisco.
After they were unable to resolve their CapCut videoediting app privacy claims against TikTok and ByteDance in mediation (see 2401120043), the plaintiffs topped off their amended complaint with five additional causes of action, said their complaint Thursday (docket 1:23-cv-04953) in U.S. District Court for Northern Illinois in Chicago.
Yout’s Digital Millennium Copyright Act appeal against the Recording Industry Association of America “involves a number of novel questions arising out of the three distinct provisions” contained in the statute’s Section 1201, said Yout’s counsel, Evan Fray-Witzer of Ciampa Fray-Witzer, during 2nd U.S. Circuit Court of Appeals oral argument Monday (docket 22-2760).
Of the 23 negligence class actions against Comcast arising from the October Citrix data breach, only the plaintiffs in Diamond v. Comcast Cable Communications, LLC d/b/a Xfinity plaintiffs oppose transfer to the Eastern District of Pennsylvania for coordinated pretrial proceedings in the data security breach litigation, said movant Kenneth Hasson in a Friday reply (docket 3099). The filing was in support of a motion for transfer and centralization (see 2401120011) before the U.S. Judicial Panel on Multidistrict Litigation (JPML).
The investigation of the potential impact of AT&T’s lead cables and the cost of "remediation" is ongoing, and the full impact that AT&T’s wrongdoing will have on the company “is yet unknown,” alleged AT&T shareholder Leon Peng in his complaint Thursday (docket 1:24-cv-00132) in U.S. District Court for Delaware in Wilmington.
Fidelity National Financial (FNF) and its LoanCare subsidiary failed to comply with industry standards to protect its customers’ “highly valuable, protected, personally identifiable information” (PII) in a November data breach that the company referred to as a “catastrophe,” alleged a class action Thursday (docket 3:24-cv-00115) in U.S. District Court for Middle Florida in Jacksonville.
Meta’s claim that the removal protections of FTC commissioners are unconstitutional is “foreclosed” by the U.S. Supreme Court’s 1935 decision in Humphrey’s Executor v. U.S., according to the FTC’s response Thursday (docket 1:23-cv-03562) in U.S. District Court for the District of Columbia to Meta’s Jan. 25 sur-reply in opposition to the commission’s motion to dismiss.
A three-judge panel of the Court of Appeals for the 5th District of Texas in Dallas conditionally granted a request from relators Disney, Hulu and Netflix for mandamus relief following the Dallas County district court’s denial of their Rule 91a motion to dismiss, said the panel's opinion Thursday (docket 05-23-00485-cv). The panel also denied as moot a motion for vacating its order staying proceedings the real parties in interest filed.